R.H. Zaidi

1. IN the aforesaid two petitions the subject matter of dispute and the parties are the same. They were, therefore, connected and as desired by the learned counsel for the parties were heard together and are being disposed of by this judgment.

2. WRIT Petition No. 17378 of 1992 arose out of proceedings in S.C. Suit No. 1039 of 1982, while the other WRIT Petition No. 19871 of 1996 arose out of proceedings under Section 16 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, for short the Act.

The dispute relates to building No. 852/53-B, Dal Mandi, Naya Cantt, Kanpur (hereinafter referred to as the Building in Dispute). Late Sri Harbansh Singh Kohli, the father of the petitioner was the tenant in the building in dispute which was being used for the business purposes. He used to carry on the business in the name and style 'Sri Guru Nanak Agency'. On his death, the petitioner came into occupation of the same. The suit was filed by the respondent No. 2, for ejectment and recovery of rent on the grounds of default, sub-letting and change of user of the building in question. It was pleaded that inspite of notice of demand and termination